CAT/C/NLD/CO/7 (b) Promptly establish a national asylum determination procedure in Aruba, Curaçao and Sint Maarten that permits a thorough assessment of whether there is a substantial risk that the applicant would be subjected to torture in the country of destination, and ensure that the European Netherlands provides the necessary assistance in establishing such procedures, fully in accordance with article 43 of the Charter for the Kingdom of the Netherlands providing that promotion and protection of human rights is a Kingdom affair; (c) Apply the exclusion clauses of the Convention relating to the Status of Refugees only when there are serious reasons to believe that a refugee may have been involved in an excludable act and only after a full assessment of the individual circumstances of the case, in accordance with guideline on international protection No. 5 of the Office of the United Nations High Commissioner for Refugees; (d) Consider extending the territorial application of the Convention relating to the Status of Refugees and the 1967 Protocol thereto to all the constituent countries of the State party. Medical examinations as part of the asylum procedure 13. The Committee has previously expressed its concern that the State party does not use the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) as a means for establishing a link between claims of ill-treatment in the asylum application and the findings of actual physical examination. It remains concerned at reports that the medical examination is still conducted merely to assess the applicant’s ability to be interviewed, not necessarily in order to identify vulnerable persons, such as victims of torture, record any indications as to their claims and provide them with support services (arts. 3 and 10). 14. Recalling the Committee’s previous recommendations (CAT/C/NDL/CO/5-6, para. 12), the State party should take measures to: (a) Identify asylum seekers with specific needs, especially victims of torture and ill-treatment, as early as possible by ensuring that in all the constituent countries of the State party, during the medical examination as part of the asylum procedure applicants are assessed not only for their capacity to be interviewed but also their health condition and need of treatment and support as a result of torture, illtreatment or other trauma suffered; (b) Ensure the application of the Istanbul Protocol in the asylum procedure and provide training to all relevant professionals on monitoring, documenting, reporting and investigating torture and ill-treatment, with a view to providing redress to the victims. Detention of asylum seekers and undocumented migrants 15. The Committee is concerned at reports of the State party’s continued practice of detaining asylum seekers and undocumented migrants in closed facilities. In particular, it is concerned at reports that asylum seekers arriving at Schiphol airport in Amsterdam, especially when subject to deportation pursuant to the Dublin Regulation, are systematically detained without individual assessment of the need for detention and that the number of affected persons has significantly increased in the previous two years. In addition, while taking note of the delegation’s statement that no foreigner is subject to administrative detention extending beyond 18 months, in accordance with article 59 of the Alien Act and article 15 of the European Union return directive (directive 2008/115/EC), the Committee expresses its concern at numerous reports that many asylum seekers and undocumented migrants are repeatedly detained and that the cumulative length of the repeated detention periods often exceeds the 18-month time limit. 16. Furthermore, the Committee expresses its serious concern at consistent reports that the detention conditions of asylum seekers and migrants fail to meet international standards. While taking note of the repatriation and detention of aliens bill, which aims to differentiate the regime of migration detention from that of criminal detention, it is concerned at reports 4

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